Terrorism Prevention and Investigation Measures Act 2011

Part 1U.K.Measures

F1... Residence measureU.K.

1(1)The Secretary of State may impose restrictions on the individual in relation to the residence in which the individual resides.U.K.

(2)The Secretary of State may, in particular, impose any of the following—

(a)a requirement to reside at a specified residence;

(b)a requirement to give notice to the Secretary of State of the identity of any other individuals who reside (or will reside) at the specified residence;

(c)a requirement, applicable F2... between such hours as are specified, to remain at, or within, the specified residence.

(3)The specified residence must be—

(a)premises that are the individual's own residence, or

[F3(b)other premises situated in an agreed locality or in some other locality in the United Kingdom that the Secretary of State considers to be appropriate.]

[F4(3A)If there are premises that are the individual's own residence at the time when the notice imposing restrictions under this paragraph is served on the individual, premises more than 200 miles from those premises may be specified under sub-paragraph (3)(b) only if they are in an agreed locality.]

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An “agreed locality” is a locality in the United Kingdom which is agreed by the Secretary of State and the individual.

[F6(5A)The specified residence (if it is not the individual's own residence) may be a residence provided by or on behalf of the Secretary of State.]

(6)If the specified residence is provided to the individual by or on behalf of the Secretary of State, the Secretary of State may require the individual to comply with any specified terms of occupancy of that residence (which may be specified by reference to a lease or other document).

(7)A requirement of the kind mentioned in sub-paragraph (2)(c) must include provision to enable the individual to apply for the permission of the Secretary of State to be away from the specified residence, for the whole or part of any applicable period, on one or more occasions.

(8)The Secretary of State may grant such permission subject to either or both of the following conditions—

(a)the condition that the individual remains F7... at other agreed premises between such hours as the Secretary of State may require;

(b)the condition that the individual complies with such other restrictions in relation to the individual's movements whilst away from the specified residence as are so required.

(9)“Agreed premises” are premises in the United Kingdom which are agreed by the Secretary of State and the individual.

(10)Sub-paragraph (8) is not to be read as limiting—

(a)the generality of sub-paragraph (7) of paragraph 13 (power to impose conditions when granting permission), or

(b)the power to impose further conditions under that sub-paragraph in connection with permission granted by virtue of sub-paragraph (7) of this paragraph.

(11)In sub-paragraph (7) “applicable period” means a period for which the individual is required to remain at the specified residence by virtue of a requirement of the kind mentioned in sub-paragraph (2)(c).

Travel measureU.K.

2(1)The Secretary of State may impose restrictions on the individual leaving a specified area or travelling outside that area.U.K.

[F8(2)The specified area must be—

(a)the United Kingdom, or

(b)any area within the United Kingdom that includes the place where the individual will be living.]

(3)The Secretary of State may, in particular, impose any of the following requirements—

(a)a requirement not to leave the specified area without the permission of the Secretary of State;

(b)a requirement to give notice to the Secretary of State before leaving that area;

(c)a requirement not to possess or otherwise control, or seek to obtain, any travel document without the permission of the Secretary of State;

(d)a requirement to surrender any travel document that is in the possession or control of the individual.

(4)“Travel document” means—

(a)the individual's passport, or

(b)any ticket or other document that permits the individual to make a journey by any means—

(i)from the specified area to a place outside that area, or

(ii)between places outside the specified area.

(5)“Passport” means any of the following—

(a)a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b)a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation;

(c)a document that can be used (in some or all circumstances) instead of a passport.

Exclusion measureU.K.

3(1)The Secretary of State may impose restrictions on the individual entering—U.K.

(a)a specified area or place, or

(b)a place or area of a specified description.

(2)The Secretary of State may, in particular, impose any of the following requirements in respect of a specified area or place or a specified description of an area or place—

(a)a requirement not to enter without the permission of the Secretary of State;

(b)a requirement to give notice to the Secretary of State before entering;

(c)a requirement not to enter unless other specified conditions are met.

Movement directions measureU.K.

4(1)The Secretary of State may impose a requirement for the individual to comply with directions given by a constable in respect of the individual's movements (which may, in particular, include a restriction on movements).U.K.

(2)A constable may give such directions only for the purpose of securing compliance—

(a)with other specified measures, or

(b)with a condition imposed under this Act requiring the individual to be escorted by a constable.

(3)Directions may not remain in effect for a period that is any longer than the constable giving the directions considers necessary for the purpose mentioned in sub-paragraph (2); but that period may not in any event be a period of more than 24 hours.

Financial services measureU.K.

5(1)The Secretary of State may impose restrictions on the individual's use of, or access to, such descriptions of financial services as are specified.U.K.

(2)The Secretary of State may, in particular, impose any of the following requirements—

(a)a requirement not to hold any accounts, without the permission of the Secretary of State, other than the nominated account (see sub-paragraph (3));

(b)a requirement to close, or to cease to have an interest in, accounts;

(c)a requirement to comply with specified conditions in relation to the holding of any account (including the nominated account) or any other use of financial services;

(d)a requirement not to possess, or otherwise control, cash over a total specified value without the permission of the Secretary of State.

(3)The Secretary of State must allow the individual to hold (at least) one account (the “nominated account”) if—

(a)the individual gives notice to the Secretary of State of the holding of the nominated account, and

(b)the account is held with a bank.

(4)In sub-paragraph (3) “bank” means an institution which is incorporated in, or formed under the law of, any part of the United Kingdom and which has permission under [F9Part 4A ]of the Financial Services and Markets Act 2000 to carry on the regulated activity of accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 to that Act and any order under section 22 of that Act).

(5)The reference in sub-paragraph (2)(d) to possessing or otherwise controlling cash does not include any cash that is held in an account with a person providing financial services (in accordance with any requirements imposed under this paragraph).

(6)In sub-paragraph (2)(d) “cash” means—

(a)coins and notes in any currency,

(b)postal orders,

(c)cheques of any kind, including travellers' cheques,

(d)bankers' drafts,

(e)bearer bonds and bearer shares, and

(f)such other kinds of monetary instrument as may be specified.

(7)A reference in this paragraph to the individual holding an account is a reference to an account held with a person providing financial services—

(a)that is in the individual's name or is held for the individual's benefit (whether held solely in the individual's name or jointly with one or more other persons); or

(b)in respect of which the individual has power of attorney or can otherwise exercise control.

(8)In this paragraph “financial services” means any service of a financial nature, including (but not limited to) banking and other financial services consisting of—

(a)accepting deposits and other repayable funds;

(b)lending (including consumer credit and mortgage credit);

(c)payment and money transmission services (including credit, charge and debit cards).

Property measureU.K.

6(1)The Secretary of State may impose either or both of the following—U.K.

(a)restrictions on the individual in relation to the transfer of property to, or by, the individual, or

(b)requirements on the individual in relation to the disclosure of property.

(2)The Secretary of State may, in particular, impose any of the following requirements—

(a)a requirement not to transfer money or other property to a person or place outside the United Kingdom without the permission of the Secretary of State;

(b)a requirement to give notice to the Secretary of State before transferring money or other property to a person or place outside the United Kingdom;

(c)a requirement to comply with any other specified conditions in relation to the transfer of property to, or by, the individual;

(d)a requirement to disclose to the Secretary of State such details as may be specified of any property that falls within sub-paragraph (3).

(3)Property falls within this sub-paragraph if it is property of a specified description—

(a)in which the individual has an interest of any kind, or

(b)over which, or in relation to which, the individual may exercise any right (including a right of use or a right to grant access).

(4)A reference in this paragraph to the transfer of property includes a reference to the arrangement of such a transfer.

(5)In this paragraph “property” includes rights over, or in relation to, property (including rights of use and rights to grant access); and a reference to the transfer of property includes a reference to the acquisition or disposal of such rights.

[F10Electronic communication device measureU.K.

6A(1)The Secretary of State may impose on the individual—U.K.

(a)a prohibition on possessing offensive weapons, imitation firearms or explosives;

(b)a prohibition on making an application for a firearm certificate or a shot gun certificate.

(2)In sub-paragraph (1)(a)—

• “ offensive weapon ” means an article made or adapted for use for causing injury to the person, or intended by the person in possession of it for such use (by that person or another);

• “ imitation firearm ” has the same meaning as in the Firearms Act 1968 or (in relation to Northern Ireland) the Firearms (Northern Ireland) Order 2004 ( S.I. 2004/702 (N.I. 3));

• “ explosive ” means anything that is—

  (a)

  an explosive within the meaning of the Explosives Act 1875, or

  (b)

  an explosive substance within the meaning of the Explosive Substances Act 1883.

(3)For the purposes of sub-paragraph (1)(b)—

(a)an application for a firearm certificate is an application under section 26A of the Firearms Act 1968 or article 4 of the Firearms (Northern Ireland) Order 2004;

(b)an application for a shot gun certificate is an application under section 26B of the Firearms Act 1968.]

7(1)The Secretary of State may impose either or both of the following—U.K.

(a)restrictions on the individual's possession or use of electronic communication devices;

(b)requirements on the individual in relation to the possession or use of electronic communication devices by other persons in the individual's residence.

(2)The Secretary of State may, in particular, impose—

(a)a requirement not to possess or use any devices without the permission of the Secretary of State (subject to sub-paragraph (3));

(b)a requirement that a device may only be possessed or used subject to specified conditions.

(3)The Secretary of State must allow the individual to possess and use (at least) one of each of the following descriptions of device (subject to any conditions on such use as may be specified under sub-paragraph (2)(b))—

(a)a telephone operated by connection to a fixed line;

(b)a computer that provides access to the internet by connection to a fixed line (including any apparatus necessary for that purpose);

(c)a mobile telephone that does not provide access to the internet.

(4)The conditions specified under sub-paragraph (2)(b) may, in particular, include conditions in relation to—

(a)the type or make of a device (which may require the individual to use a device that is supplied or modified by the Secretary of State);

(b)the manner in which, or the times at which, a device is used;

(c)the monitoring of such use;

(d)the granting to a specified description of person of access to the individual's premises for the purpose of the inspection or modification of a device;

(e)the surrendering to a specified description of person of a device on a temporary basis for the purpose of its inspection or modification at another place.

[F11(f)the disclosure to the Secretary of State of such details as may be specified of any electronic communication device possessed or used by the individual or any other person in the individual's residence.]

(5) An “ electronic communication device ” means any of the following—

(a)a device that is capable of storing, transmitting or receiving images, sounds or information by electronic means;

(b)a component part of such a device;

(c)an article designed or adapted for use with such a device (including any disc, memory stick, film or other separate article on which images, sound or information may be recorded).

(6)The devices within sub-paragraph (5)(a) include (but are not limited to)—

(a)computers,

(b)telephones (whether mobile telephones or telephones operated by connection to a fixed line),

(c)equipment (not within paragraph (a) or (b)) designed or adapted[F12, or capable of being adapted,] for the purpose of connecting to the internet, and

(d)equipment designed or adapted[F13, or capable of being adapted,] for the purposes of sending or receiving facsimile transmissions.

Association measureU.K.

8(1)The Secretary of State may impose restrictions on the individual's association or communication with other persons.U.K.

(2)The Secretary of State may, in particular, impose any of the following requirements—

(a)a requirement not to associate or communicate with specified persons, or specified descriptions of persons, without the permission of the Secretary of State;

(b)a requirement to give notice to the Secretary of State before associating or communicating with other persons (whether at all or in specified circumstances);

(c)a requirement to comply with any other specified conditions in connection with associating or communicating with other persons.

(3)An individual associates or communicates with another person if the individual associates or communicates with that person by any means (and for this purpose it is immaterial whether the association or communication is carried out by the individual in person or by or through another individual or means).

Work or studies measureU.K.

9(1)The Secretary of State may impose restrictions on the individual in relation to the individual's work or studies.U.K.

(2)The Secretary of State may, in particular, impose any of the following requirements—

(a)a requirement not to carry out without the permission of the Secretary of State—

(i)specified work or work of a specified description, or

(ii)specified studies or studies of a specified description;

(b)a requirement to give notice to the Secretary of State before carrying out any work or studies;

(c)a requirement to comply with any other specified conditions in connection with any work or studies.

(3)In this paragraph—

• “ work ” includes any business or occupation (whether paid or unpaid);

• “ studies ” includes any course of education or training.

Reporting measureU.K.

10(1)The Secretary of State may impose a requirement for the individual—U.K.

(a)to report to such a police station, at such times and in such manner, as the Secretary of State may by notice require, and

(b)to comply with any directions given by a constable in relation to such reporting.

(2)Such a notice may, in particular, provide that a requirement to report to a police station is not to apply if conditions specified in the notice are met.

[F14Polygraph measureU.K.

10ZA(1)The Secretary of State may impose a requirement for the individual—U.K.

(a)to participate in polygraph sessions conducted with a view to—

(i)monitoring the individual's compliance with other specified measures;

(ii)assessing whether any variation of the specified measures is necessary for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity,

(b)to participate in those polygraph sessions at such times as may be specified in instructions given by the Secretary of State, and

(c)while participating in a polygraph session, to comply with instructions given to the individual by the polygraph operator.

(2)The Secretary of State may by regulations made by statutory instrument make provision relating to the conduct of polygraph sessions, which may include in particular—

(a)provision requiring polygraph operators to be persons who satisfy such requirements as to qualifications, experience and other matters as are specified in the regulations;

(b)provision about the keeping of records of polygraph sessions;

(c)provision about the preparation of reports on the results of polygraph sessions.

(3)The measurement and recording of the physiological reactions of an individual while being questioned in the course of a polygraph examination must be done by means of equipment of a type approved by the Secretary of State.

(4)The following may not be used in evidence against the individual in any proceedings for an offence—

(a)any statement made by the individual while participating in a polygraph session;

(b)any physiological reaction of the individual while being questioned in the course of a polygraph examination.

(5)Regulations under sub-paragraph (2) may make—

(a)different provision for different purposes or different areas;

(b)incidental, supplemental, consequential, saving or transitional provision.

(6)A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this paragraph—

• “polygraph examination” means a procedure in which—

  (a)

  the polygraph operator questions the individual,

  (b)

  the questions and the individual's answers are recorded, and

  (c)

  physiological reactions of the individual while being questioned are measured and recorded;

• “polygraph operator” means the person conducting a polygraph session;

• “polygraph session” means a session during which the polygraph operator—

  (a)

  conducts one or more polygraph examinations of the individual, and

  (b)

  interviews the individual in preparation for, or otherwise in connection with, any such examination.]

[F15Drug testing measureU.K.

10ZB(1)The Secretary of State may impose a requirement for the individual—U.K.

(a)to—

(i)attend such a testing place, at such times, and

(ii)provide an authorised person at the testing place with such a permitted sample,

as the Secretary of State may by notice require for the purpose of ascertaining whether the individual has any specified Class A drug or specified Class B drug in their body, and

(b)to comply with any directions given by an authorised person in relation to the provision of the permitted sample.

(2)In this paragraph—

• “authorised person” means—

  (a)

  a constable, or

  (b)

  a person prescribed, or of a description prescribed, by regulations made by the Secretary of State;

• “permitted sample” means—

  (a)

  a sample of hair other than pubic hair;

  (b)

  a sample taken from a nail or from under a nail;

  (c)

  a sample of urine;

  (d)

  saliva;

  (e)

  a swab taken from any part of a person's body except a person's genitals (including pubic hair) or a person's body orifice other than the mouth;

  (f)

  a skin impression;

• “specified Class A drug” and “specified Class B drug” have the same meanings as in Part 3 of the Criminal Justice and Court Services Act 2000 (see section 70 of that Act);

• “testing place” means—

  (a)

  a police station, or

  (b)

  a place prescribed, or of a description prescribed, by regulations made by the Secretary of State.

(3)Regulations under sub-paragraph (2) are to be made by statutory instrument.

(4)Regulations under sub-paragraph (2) may make—

(a)different provision for different purposes or different areas;

(b)incidental, supplemental, consequential, saving or transitional provision.

(5)A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.]

[F16Photography measureU.K.

10A(1)The Secretary of State may impose a requirement for the individual—U.K.

(a)to attend appointments with specified persons or persons of specified descriptions, and

(b)to comply with any reasonable directions given by the Secretary of State that relate to matters about which the individual is required to attend an appointment.

(2)A requirement under sub-paragraph (1)(a) is a requirement to attend appointments—

(a)at specified times and places, or

(b)at times and places notified to the individual by persons referred to in that sub-paragraph.]

11U.K.The Secretary of State may impose a requirement for the individual to allow photographs to be taken of the individual at such locations and at such times as the Secretary of State may by notice require.

Monitoring measureU.K.

12(1)The Secretary of State may impose requirements for the individual to co-operate with specified arrangements for enabling the individual's movements, communications or other activities to be monitored by electronic or other means.U.K.

(2)The Secretary of State may, in particular, impose any of the following requirements for co-operation with the specified arrangements—

(a)a requirement to submit to procedures required by the arrangements;

(b)a requirement to wear or otherwise use apparatus approved by or in accordance with the arrangements;

(c)a requirement to maintain such apparatus in a specified manner;

(d)a requirement to comply with directions given by persons carrying out functions for the purposes of the arrangements.

(3)Directions under sub-paragraph (2)(d) may include directions requiring the individual to grant access to the individual's residence for the purpose of the inspection or modification of any apparatus used or maintained under the arrangements.

[F17Provision of residence information measureU.K.

12A(1)The Secretary of State may impose a requirement for the individual to disclose to the Secretary of State—U.K.

(a)the address of the individual's residence;

(b)if the individual resides at multiple occupancy premises, such details as may be specified concerning where, in the premises, the individual's residence is located;

(c)such details as may be specified in relation to any change (or anticipated change) in the matters referred to in paragraphs (a) and (b).

(2)The Secretary of State may impose a requirement for the individual to comply with any other specified conditions in connection with the disclosure of information within sub-paragraph (1).

(3)“Multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside.]